A Buffalo, NY woman already serving (and appealing) a 25 to life sentence for the 2nd degree murder of her husband plead guilty to the attempted murder for hire plot against her "lover," the man she cheated on her husband with. Robin Wagner Kalinowski plead guilty Wednesday, September 9, to the plot against the man after State Supreme Court Justice Penny M. Wolfgang promised her she would only serve 6 to 12 years.
The mother of two pleaded guilty to a felony charge of conspiracy in the second degree and admitted she had sought the murder of her estranged lover, John F. Carey of Tonawanda.
She acknowledged she tried to make a deal in April 2008 with an undercover state trooper posing as an underworld hitman.
After the judge agreed to make the conspiracy sentence run concurrently with the 25-year-to-life term imposed Feb. 25 on her murder conviction, prosecutors Aaron F. Glazer and Lauren A. Rott agreed with the plea to the highest charge still facing her.
John Jordan, Robin's lawyer, said that the plea was in the perpetrator's best interest because if she had took the case to trial and lost, she would probably serve 12 1/2 to 25 years consecutively with the 2nd degree murder sentence for Kevin Kalinowski, shot by his perpetrator wife in their Buffalo home. Robin is appealing that conviction.
Sunday, September 13, 2009
E. Moline man sentenced to 16 years in van death of "girlfriend"
An East Moline, IL man will serve 16 years, 8 years each for involuntary manslaughter and leaving the scene of an accident, for the death of his "girlfriend" after she fell off the side of a van he was driving. Rock Island County jurors convicted Henry Sims of the charges in June, a year after the incident involving Sims and his "girlfriend," Erin Waeyaert, who was 24 when she died June 15, 2008.
Wayert let Sims drive her van before taking the van back after rumors Sims was cheating on her. Sims' tried to retake the van, at the victims' mother's house, but Wayert held on while standing on the passenger side running board. Sims, while driving at a high rate of speed, sped off as Wayert fell off the side of the van, dying from her injuries.
Sims accused the prosecution of being corrupt by pursuing a murder conviction against him at trial. The Rock Island County State's Attorney's office argued that he tried to knock Waeyaert off the vehicle.
Assistant Rock Island County State's Attorney Norma Kauzlarich asked Braud for the maximum sentence and cited Sims' lengthy criminal history, which includes other offenses against women, as part of her argument.
She also noted that Sims has a poor employment record. Sims' attorney Jack Schwartz argued for a lower sentence saying that Sims should not be separated from his family for too long.
Judge Braud heard from the victim's brother, Andrew Waeyaert, noting that Sims never checked up on his "girlfriend" after she fell from the van. "God did not take Erin away from us, Henry Sims did. Along with her he took away a part of us."
Braud took into consideration Sims' other acts against women, reckless driving convictions, and lack of remorse, stating that "You still are telling me how this victim jumped on her car and it's somehow her fault."
Wayert let Sims drive her van before taking the van back after rumors Sims was cheating on her. Sims' tried to retake the van, at the victims' mother's house, but Wayert held on while standing on the passenger side running board. Sims, while driving at a high rate of speed, sped off as Wayert fell off the side of the van, dying from her injuries.
Sims accused the prosecution of being corrupt by pursuing a murder conviction against him at trial. The Rock Island County State's Attorney's office argued that he tried to knock Waeyaert off the vehicle.
Assistant Rock Island County State's Attorney Norma Kauzlarich asked Braud for the maximum sentence and cited Sims' lengthy criminal history, which includes other offenses against women, as part of her argument.
She also noted that Sims has a poor employment record. Sims' attorney Jack Schwartz argued for a lower sentence saying that Sims should not be separated from his family for too long.
Judge Braud heard from the victim's brother, Andrew Waeyaert, noting that Sims never checked up on his "girlfriend" after she fell from the van. "God did not take Erin away from us, Henry Sims did. Along with her he took away a part of us."
Braud took into consideration Sims' other acts against women, reckless driving convictions, and lack of remorse, stating that "You still are telling me how this victim jumped on her car and it's somehow her fault."
Mother of toddlers receives justice after "boyfriend" who killed her sentenced to life with parole
PROVIDENCE –– Almost four months after he strangled his estranged girlfriend, struck her head several times and fatally stabbed her, Herbert Byrd made a tearful courtroom apology at his sentencing Wednesday after pleading no contest to first-degree murder and arson.
“I’m sorry for all the pain I caused everyone,” said Byrd as the family of Linda Encarnacao looked on in Superior Court.
“I turn to God for forgiveness, and he says he forgives all,” Byrd said, pausing as emotion overwhelmed him. “But how can he forgive me when I can’t forgive myself?”
Encarnacao, 26, was found alive, but dying and unconscious, in her burning Reservoir Triangle apartment on May 14.
She had suffered 26 stab wounds and lacerations to her stomach, face and other areas of her body. Byrd also caused strangulation wounds to her neck and he inflicted a blunt force injury to her head, according to Assistant Attorney General Scott Erickson.
After inflicting “the multiple trauma injuries” that caused the woman’s death, Byrd set fire to her apartment, Erickson added in court yesterday.
Judge William E. Carnes Wednesday sentenced Byrd to life in prison for murder and imposed a concurrent 20-year sentence on the arson count. He also ordered that Byrd serve an additional 10 years for being a habitual offender.
Byrd’s plea bargain, which the attorney general’s office said allowed him to avoid a possible sentence of life without parole, gives Byrd a chance for parole in 2029, a fact that haunts Encarnacao’s family, who asked Carnes to imprison Byrd for life with no possibility of parole.
Authorities say the 26-year-old Byrd attacked Encarnacao because he was jealous and wanted a more substantial relationship than she was willing to allow.
He was a regular caretaker of Encarnacao’s two children and a father of one of the youngsters. The children, now 3 and 5 years old, were in Byrd’s care before he left them alone and set out for Encarnacao’s apartment, according to authorities.
The slaying was one of 13 homicides in Providence this year, the same number as in all of 2008.
Encarnacao’s murder happened about eight months after a domestic incident involving Byrd and Encarnacao in September 2008.
Immediately after the incident, Encarnacao told the police Byrd had strangled her until she passed out and he had tried to rape her, but she later told authorities she did not want to press a charge of domestic simple assault against him.
In the sentencing Wednesday, Carnes deemed Byrd a habitual offender because of convictions in 2006 for possessing a controlled substance and delivering a controlled substance. The 10 year prison term on that count with no chance for parole is consecutive to the other two sentences. This means Byrd must serve an additional 10 years if he should be receive parole on the murder count, according to Erickson, who figures Byrd would be eligible for parole on May 14, 2029. Byrd’s release at that time would put people in danger, according to members of Encarnacao’s family.
The family members crafted a joint statement that Special Assistant Attorney General Diane Daigle read to the court before Byrd’s sentencing.
“In 30 years, Mr. Byrd will be in his 50s and he will be released,” says the statement. “Linda’s two children and family will again relive this horrible nightmare and be petrified that he will come searching for them. What more does Mr. Byrd need to do to prove that he is a leach on society? Words can never express how Mr. Byrd’s senseless and violent crime has forever changed our lives.”
“I’m sorry for all the pain I caused everyone,” said Byrd as the family of Linda Encarnacao looked on in Superior Court.
“I turn to God for forgiveness, and he says he forgives all,” Byrd said, pausing as emotion overwhelmed him. “But how can he forgive me when I can’t forgive myself?”
Encarnacao, 26, was found alive, but dying and unconscious, in her burning Reservoir Triangle apartment on May 14.
She had suffered 26 stab wounds and lacerations to her stomach, face and other areas of her body. Byrd also caused strangulation wounds to her neck and he inflicted a blunt force injury to her head, according to Assistant Attorney General Scott Erickson.
After inflicting “the multiple trauma injuries” that caused the woman’s death, Byrd set fire to her apartment, Erickson added in court yesterday.
Judge William E. Carnes Wednesday sentenced Byrd to life in prison for murder and imposed a concurrent 20-year sentence on the arson count. He also ordered that Byrd serve an additional 10 years for being a habitual offender.
Byrd’s plea bargain, which the attorney general’s office said allowed him to avoid a possible sentence of life without parole, gives Byrd a chance for parole in 2029, a fact that haunts Encarnacao’s family, who asked Carnes to imprison Byrd for life with no possibility of parole.
Authorities say the 26-year-old Byrd attacked Encarnacao because he was jealous and wanted a more substantial relationship than she was willing to allow.
He was a regular caretaker of Encarnacao’s two children and a father of one of the youngsters. The children, now 3 and 5 years old, were in Byrd’s care before he left them alone and set out for Encarnacao’s apartment, according to authorities.
The slaying was one of 13 homicides in Providence this year, the same number as in all of 2008.
Encarnacao’s murder happened about eight months after a domestic incident involving Byrd and Encarnacao in September 2008.
Immediately after the incident, Encarnacao told the police Byrd had strangled her until she passed out and he had tried to rape her, but she later told authorities she did not want to press a charge of domestic simple assault against him.
In the sentencing Wednesday, Carnes deemed Byrd a habitual offender because of convictions in 2006 for possessing a controlled substance and delivering a controlled substance. The 10 year prison term on that count with no chance for parole is consecutive to the other two sentences. This means Byrd must serve an additional 10 years if he should be receive parole on the murder count, according to Erickson, who figures Byrd would be eligible for parole on May 14, 2029. Byrd’s release at that time would put people in danger, according to members of Encarnacao’s family.
The family members crafted a joint statement that Special Assistant Attorney General Diane Daigle read to the court before Byrd’s sentencing.
“In 30 years, Mr. Byrd will be in his 50s and he will be released,” says the statement. “Linda’s two children and family will again relive this horrible nightmare and be petrified that he will come searching for them. What more does Mr. Byrd need to do to prove that he is a leach on society? Words can never express how Mr. Byrd’s senseless and violent crime has forever changed our lives.”
Belligham man gets 45 years for murder of wife even without body
ISABELLE DILLS - THE BELLINGHAM HERALD
BELLINGHAM - Bruce Hummel was given a maximum sentence of 45 years in a state prison after refusing to reveal the location of his wife's remains.
Whatcom County Superior Court Judge Charles Snyder sentenced Hummel Tuesday, Sept. 8, for murdering his wife, Alice, in October 1990. A jury found him guilty of first-degree murder Aug. 20.
Hummel, 67, had been facing a sentence of 34 to 45 years in prison. Whatcom County Prosecutor Dave McEachran said he offered to recommend the minimum sentence if Hummel provided information leading to his wife's remains. Hummel declined, and McEachran recommended the maximum sentence.
"It would have provided such a relief to the children to bury their mother," McEachran said, adding that he thought the sentence was "very fitting."
Hummel's attorney, Jon Komorowski, director of the Whatcom County Public Defender's Office, said they intend on appealing the conviction, citing insufficient evidence.
"Mr. Hummel has always maintained his innocence," Komorowski said.
The Hummels' three children have not seen their mother since October 1990, and Alice Hummel's body has never been found.
The backbone of McEachran's case was a nine-year investigation by Bellingham Police detectives, who began looking into Alice's disappearance after her oldest daughter filed a missing person's report with the department in 2001.
McEachran said that Bruce Hummel killed his wife to continue cashing her disability checks and to cover up his alleged molestation of his youngest daughter. Alice Hummel found out about the alleged molestation just before she disappeared, McEachran said.
Hummel covered up the murder by telling his children that Alice moved to California for a new job and to abandon the family, McEachran argued in court.
Letters and packages purportedly from Alice Hummel were sent to the children for years after her disappearance. But police could find no trace of her existence after October 1990.
Bruce Hummel initially told police his wife had abandoned the family. Later he sent them a letter saying Alice had committed suicide and he dumped her body in Bellingham Bay.
Hummel will be transferred to a state prison Tuesday, Sept. 15, to begin serving his sentence.
BELLINGHAM - Bruce Hummel was given a maximum sentence of 45 years in a state prison after refusing to reveal the location of his wife's remains.
Whatcom County Superior Court Judge Charles Snyder sentenced Hummel Tuesday, Sept. 8, for murdering his wife, Alice, in October 1990. A jury found him guilty of first-degree murder Aug. 20.
Hummel, 67, had been facing a sentence of 34 to 45 years in prison. Whatcom County Prosecutor Dave McEachran said he offered to recommend the minimum sentence if Hummel provided information leading to his wife's remains. Hummel declined, and McEachran recommended the maximum sentence.
"It would have provided such a relief to the children to bury their mother," McEachran said, adding that he thought the sentence was "very fitting."
Hummel's attorney, Jon Komorowski, director of the Whatcom County Public Defender's Office, said they intend on appealing the conviction, citing insufficient evidence.
"Mr. Hummel has always maintained his innocence," Komorowski said.
The Hummels' three children have not seen their mother since October 1990, and Alice Hummel's body has never been found.
The backbone of McEachran's case was a nine-year investigation by Bellingham Police detectives, who began looking into Alice's disappearance after her oldest daughter filed a missing person's report with the department in 2001.
McEachran said that Bruce Hummel killed his wife to continue cashing her disability checks and to cover up his alleged molestation of his youngest daughter. Alice Hummel found out about the alleged molestation just before she disappeared, McEachran said.
Hummel covered up the murder by telling his children that Alice moved to California for a new job and to abandon the family, McEachran argued in court.
Letters and packages purportedly from Alice Hummel were sent to the children for years after her disappearance. But police could find no trace of her existence after October 1990.
Bruce Hummel initially told police his wife had abandoned the family. Later he sent them a letter saying Alice had committed suicide and he dumped her body in Bellingham Bay.
Hummel will be transferred to a state prison Tuesday, Sept. 15, to begin serving his sentence.
Man sentenced to 22 years without parole for murder of mother he had "consensual" sexual relations with
A 21 year old man plead guilty but mentally ill to the murder of his 43 year old mother with whom he had a "consensual" but inappropriate sexual relationship for the past 4 years. Mary Finnegan was found dead, nude and wrapped in bedding, by her other, 23 year old son July 24, 2008. John Finnegan initially denied killing his mother, but told police that he was "bottled up with rage."
John Finnegan tried to kill himself, but when that did not work, he grabbed some cash, left the house in his mother's car, and fled for a few days before being arrested in a neighboring county, according to prosecutors.
The guilty but mentally ill plea allows the younger Finnegan to get mental health counseling during his 22 year prison stay, a stay which cannot be reduced for good behavior. All 1st degree murderers in Illinois must serve all of their sentence, with 1st degree murder sentences ranging from 20 to 60 years in most cases.
John Finnegan tried to kill himself, but when that did not work, he grabbed some cash, left the house in his mother's car, and fled for a few days before being arrested in a neighboring county, according to prosecutors.
The guilty but mentally ill plea allows the younger Finnegan to get mental health counseling during his 22 year prison stay, a stay which cannot be reduced for good behavior. All 1st degree murderers in Illinois must serve all of their sentence, with 1st degree murder sentences ranging from 20 to 60 years in most cases.
Man convicted of HIV positive rape - sentencing date scheduled for September 25
(Original Post 2-24-09)
A Nigerian immigrant to Canada was convicted of aggravated sexual assault for raping his ex-"girlfriend," causing her to be infected with HIV. William-Imona Russel, 35, was also convicted of beating and endangering the 58 year old victim's life. Ontario Superior Court Justice John McMahon stated that "there's no absolute proof" that Imona-Russel infected the victim.
The judge found him guilty of assault causing bodily harm, assault with a weapon, threatening death, attempted aggravated sexual assault to endanger life and two counts of sexual assault.
"I do not find Mr. Imona-Russel to be a forthright witness," McMahon said, noting his testimony was not only contradicted by other witnesses but was internally inconsistent.
The judge found that long after Imona-Russel and his former girlfriend ceased to have consensual sex, he visited her apartment on March 3, 2005, pushed, slapped and kicked her, stood on her chest, threw her on her bed, and threatened to kill her with a power drill before having forced intercourse.
On March 13, he returned, pushing open the bathroom door she was cowering behind, grabbed her throat and raped her again. A few days later, the woman complained to police, who had a pair of her underwear tested for Imona-Russel's semen. The test was positive.
Police also urged the woman to get tested for HIV. She was infected.
Imona-Russel stated that he came to Canada claiming refugee status April 2003, then met the victim in an apartment building near the airport. They started having sex until an immigration doctor told him he was HIV positive, and they never had sex again. However, the judge stated that he tested positive for HIV a month before he stopped having sex with his victim.
The victim suffers from PTSD and substance abuse. Imona-Russel is facing charges that in 2006, he stabbed another woman to death.
(Update 9-13-09) Imona-Russel's sentence, according to Crown prosecutor Julia Forward, should be 8 to 10 years for his "violent and callous" crime against his victim. "She's infected because of his selfish indifference and that is something she'll have to deal with for the rest of her life," Foward opined in her argument before Justice John McMahon in Imona-Russel's sentencing hearing.
Lawyer Ferhan Javed, appointed by Justice McMahon to represent Imona-Russell after he fired other attorneys, argued for a 4 to 6 year sentence. Even though the sentencing hearing was Friday, September 11, his actual sentence will be meted out two weeks later, on September 25.
A Nigerian immigrant to Canada was convicted of aggravated sexual assault for raping his ex-"girlfriend," causing her to be infected with HIV. William-Imona Russel, 35, was also convicted of beating and endangering the 58 year old victim's life. Ontario Superior Court Justice John McMahon stated that "there's no absolute proof" that Imona-Russel infected the victim.
The judge found him guilty of assault causing bodily harm, assault with a weapon, threatening death, attempted aggravated sexual assault to endanger life and two counts of sexual assault.
"I do not find Mr. Imona-Russel to be a forthright witness," McMahon said, noting his testimony was not only contradicted by other witnesses but was internally inconsistent.
The judge found that long after Imona-Russel and his former girlfriend ceased to have consensual sex, he visited her apartment on March 3, 2005, pushed, slapped and kicked her, stood on her chest, threw her on her bed, and threatened to kill her with a power drill before having forced intercourse.
On March 13, he returned, pushing open the bathroom door she was cowering behind, grabbed her throat and raped her again. A few days later, the woman complained to police, who had a pair of her underwear tested for Imona-Russel's semen. The test was positive.
Police also urged the woman to get tested for HIV. She was infected.
Imona-Russel stated that he came to Canada claiming refugee status April 2003, then met the victim in an apartment building near the airport. They started having sex until an immigration doctor told him he was HIV positive, and they never had sex again. However, the judge stated that he tested positive for HIV a month before he stopped having sex with his victim.
The victim suffers from PTSD and substance abuse. Imona-Russel is facing charges that in 2006, he stabbed another woman to death.
(Update 9-13-09) Imona-Russel's sentence, according to Crown prosecutor Julia Forward, should be 8 to 10 years for his "violent and callous" crime against his victim. "She's infected because of his selfish indifference and that is something she'll have to deal with for the rest of her life," Foward opined in her argument before Justice John McMahon in Imona-Russel's sentencing hearing.
Lawyer Ferhan Javed, appointed by Justice McMahon to represent Imona-Russell after he fired other attorneys, argued for a 4 to 6 year sentence. Even though the sentencing hearing was Friday, September 11, his actual sentence will be meted out two weeks later, on September 25.
Surburban Toronto woman shot and killed, allegedly by estranged husband
Woman found dying of gunshot wound 45 minutes after police left her house
Sep 13, 2009 04:30 AM
Raveena Aulakh
[Toronto Star]Staff reporter
ORANGEVILLE–Cyril Donaldson was going to bed when a bloodied woman staggered through his front door, gasping for life and pleading for help.
"I've been shot by my husband – help me," Donaldson's neighbour begged as she collapsed in his arms around 1 a.m. yesterday. He cradled her as his 17-year-old granddaughter called 911.
Heidi Ferguson, 39, mother of two children, was airlifted to Sunnybrook hospital where she died of her injuries.
"I didn't think she would survive," said Donaldson. "She had lost too much blood," he said, pointing to the trail leading into his house.
At midnight, Orangeville police had been called to Ferguson's home on Westdale Ave. on a report of unknown trouble. When the officers got there, Ferguson told them the source of the trouble, her estranged husband, had left, according to an OPP spokesperson. About 45 minutes later, they were called back by Donaldson's granddaughter as Ferguson lay dying from her chest wounds.
Two hours later, her husband, Hugh Ferguson, 42, who had barricaded himself in his house in Mono Township, 13 kilometres north of Orangeville, shot himself as police surrounded the house. Determining what happened in those two crucial hours is now the task of the province's Special Investigations Unit.
Yesterday, Ontario Provincial Police Const. Peter Leon defended the actions of the Orangeville police, saying officers didn't misjudge the severity of the situation as there was no history of violence involving the couple.
"They (officers) were in the midst of an investigation after the first call," he said. "The gentleman had left and there was no indication the outcome was going to be what it was." Leon would not say if police had been called to Ferguson's home in the previous months, but said there was "no such behaviour in the past," referring to violence.
The husband is said by neighbours to have been an avid hunter who owned many firearms. Some speculated that he wanted to get back together with his wife, but that she wanted to move on. Neighbours on Westdale Ave., an affluent, tree-lined street, said Heidi Ferguson moved into the single-storey home about 14 months ago after separating from her husband.
Before moving in, she completely renovated the house. Their children, a 15-year-old boy and a 19-year-old daughter, who neighbours said just started studying at Ryerson University, lived with both parents. The Fergusons operated a business that bought, renovated and sold homes, and he used to visit her as often as twice a week but didn't speak to neighbours.
A police officer said the estranged husband picked up their 15-year-old son some time Friday night and dropped him at a friend's place in the town. The daughter was at Ryerson, said the police source.
A black SUV with the name of Ferguson's company, www.suitedreamdesignteam, stood in the driveway cordoned off by yellow police tape. A cellphone, covered by a cardboard box, lay in the grass between the two driveways. The porch lights were still on in Ferguson's home and the blinds were closed.
Ferguson worked from home. If there was trouble between the Fergusons, Donaldson said he didn't hear of it. He last spoke to Ferguson on Thursday evening when she was leaving and he was coming home.
"She said hello, asked how my wife was ... that's it," said Donaldson, 73, whose wife uses a wheelchair. Ferguson was very friendly and often chatted with him, his daughter and two granddaughters but "if there was any problem, she would never talk about it," he said.
Pam Hillock, who lives across the street, didn't hear the gunfire, but was startled by the arrival on the street of at least three police cruisers shortly after 1 a.m. yesterday.
"It came pretty out of the blue ... you know, there were no loud fights, nothing.
"My heart goes out to the two kids."
At the estranged husband's sprawling million-dollar home in Mono Township, a lone black pick-up truck stood in the driveway as an OPP cruiser guarded the scene.
The SIU team, which had been called at 6 a.m., left the scene at 3 p.m.
A "For Sale by Owner" sign hung outside the brown brick house, which has a three-car attached garage.
Neighbours said they didn't hear any gunfire, but woke up to a large police presence.
"We didn't know what (had) happened till we heard it on the radio," one neighbour said.
"It's so tragic."
Sep 13, 2009 04:30 AM
Raveena Aulakh
[Toronto Star]Staff reporter
ORANGEVILLE–Cyril Donaldson was going to bed when a bloodied woman staggered through his front door, gasping for life and pleading for help.
"I've been shot by my husband – help me," Donaldson's neighbour begged as she collapsed in his arms around 1 a.m. yesterday. He cradled her as his 17-year-old granddaughter called 911.
Heidi Ferguson, 39, mother of two children, was airlifted to Sunnybrook hospital where she died of her injuries.
"I didn't think she would survive," said Donaldson. "She had lost too much blood," he said, pointing to the trail leading into his house.
At midnight, Orangeville police had been called to Ferguson's home on Westdale Ave. on a report of unknown trouble. When the officers got there, Ferguson told them the source of the trouble, her estranged husband, had left, according to an OPP spokesperson. About 45 minutes later, they were called back by Donaldson's granddaughter as Ferguson lay dying from her chest wounds.
Two hours later, her husband, Hugh Ferguson, 42, who had barricaded himself in his house in Mono Township, 13 kilometres north of Orangeville, shot himself as police surrounded the house. Determining what happened in those two crucial hours is now the task of the province's Special Investigations Unit.
Yesterday, Ontario Provincial Police Const. Peter Leon defended the actions of the Orangeville police, saying officers didn't misjudge the severity of the situation as there was no history of violence involving the couple.
"They (officers) were in the midst of an investigation after the first call," he said. "The gentleman had left and there was no indication the outcome was going to be what it was." Leon would not say if police had been called to Ferguson's home in the previous months, but said there was "no such behaviour in the past," referring to violence.
The husband is said by neighbours to have been an avid hunter who owned many firearms. Some speculated that he wanted to get back together with his wife, but that she wanted to move on. Neighbours on Westdale Ave., an affluent, tree-lined street, said Heidi Ferguson moved into the single-storey home about 14 months ago after separating from her husband.
Before moving in, she completely renovated the house. Their children, a 15-year-old boy and a 19-year-old daughter, who neighbours said just started studying at Ryerson University, lived with both parents. The Fergusons operated a business that bought, renovated and sold homes, and he used to visit her as often as twice a week but didn't speak to neighbours.
A police officer said the estranged husband picked up their 15-year-old son some time Friday night and dropped him at a friend's place in the town. The daughter was at Ryerson, said the police source.
A black SUV with the name of Ferguson's company, www.suitedreamdesignteam, stood in the driveway cordoned off by yellow police tape. A cellphone, covered by a cardboard box, lay in the grass between the two driveways. The porch lights were still on in Ferguson's home and the blinds were closed.
Ferguson worked from home. If there was trouble between the Fergusons, Donaldson said he didn't hear of it. He last spoke to Ferguson on Thursday evening when she was leaving and he was coming home.
"She said hello, asked how my wife was ... that's it," said Donaldson, 73, whose wife uses a wheelchair. Ferguson was very friendly and often chatted with him, his daughter and two granddaughters but "if there was any problem, she would never talk about it," he said.
Pam Hillock, who lives across the street, didn't hear the gunfire, but was startled by the arrival on the street of at least three police cruisers shortly after 1 a.m. yesterday.
"It came pretty out of the blue ... you know, there were no loud fights, nothing.
"My heart goes out to the two kids."
At the estranged husband's sprawling million-dollar home in Mono Township, a lone black pick-up truck stood in the driveway as an OPP cruiser guarded the scene.
The SIU team, which had been called at 6 a.m., left the scene at 3 p.m.
A "For Sale by Owner" sign hung outside the brown brick house, which has a three-car attached garage.
Neighbours said they didn't hear any gunfire, but woke up to a large police presence.
"We didn't know what (had) happened till we heard it on the radio," one neighbour said.
"It's so tragic."
Thursday, September 10, 2009
Milwaukee serial killer update
Five more 1st degree intentional homicide (murder) charges were added to the criminal complaint in the Milwaukee "North SIde Strangler"serial killer case. Late this afternoon, 49 year old Walter E. Ellis was charged with the murders of Sheila Farrior, Florence McCormick, Irene Smith, Tanya Miller, and Debra Harris. All five women were strangled, but only Irene Smith died by "bleeding out." Smith's death occured on November 28, 1992. The killer strangled Sheila Farrior with her bra on June 27, 1995, Florence McCormick with a rope on April 24, 1995, Debra Lynn Harris with a handkerchief on October 10, 1986. and the day after Harris' death, killed Tanya Miller by choking her to death. Except for Harris, whose body was dumped in the Menominee River, all bodies were found in abandoned houses on Milwaukee's north side.
Wednesday, September 9, 2009
Phillipi, WV man sentenced to 20 years for shooting "girlfriend"
A Phillippi, WV man was sentenced to 20 years in prison for shooting his pregnant girlfriend and killing their unborn baby. Glen Junior Corder III pled guilty to voluntary manslaughter and wanton endangerment last month. Yesterday, Corder was sentenced by Judge Alan Moats to 20 years. The plea agreement spared Corder from a 1st degree murder charge and malicious assault charge for shooting Karen Sue Smith at an apartment complex last December.
In February 2009, a Barbour County grand jury indicted Corder for one count each of first degree murder, attempted first degree murder, wanton endangerment and malicious assault. At his arraignment, Corder pleaded not guilty to the charges, and Judge Moats set Corder's trial for June 2009.
In late May 2009, Judge Moats rescheduled Corder's trial for August, because both the prosecution and defense were still waiting on forensic evidence to come back.
On August 14, 2009, Corder entered his guilty plea.
At the hearing, Corder admitted that he knew Smith was pregnant at the time he shot her, and said he was drunk at the time of the incident.
Corder will go back to the Tygart Valley Regional Jail until he can be sent to a state prison.
The 20 year sentence runs as follows - 15 years for the voluntary manslaughter, and 5 years for wanton endangerment.
In February 2009, a Barbour County grand jury indicted Corder for one count each of first degree murder, attempted first degree murder, wanton endangerment and malicious assault. At his arraignment, Corder pleaded not guilty to the charges, and Judge Moats set Corder's trial for June 2009.
In late May 2009, Judge Moats rescheduled Corder's trial for August, because both the prosecution and defense were still waiting on forensic evidence to come back.
On August 14, 2009, Corder entered his guilty plea.
At the hearing, Corder admitted that he knew Smith was pregnant at the time he shot her, and said he was drunk at the time of the incident.
Corder will go back to the Tygart Valley Regional Jail until he can be sent to a state prison.
The 20 year sentence runs as follows - 15 years for the voluntary manslaughter, and 5 years for wanton endangerment.
Soldier charged in murder of wife
An Army soldier was arrested in the murder of his wife in their Clarksville, TN home. Sena Marie Downing, 25, from the Iowa town of Decorah, was found shot to death after her body was discovered by police around 3:17 AM, Tuesday morning. Her husband, a 31 year old Iraq veteran who had been deployed to Iraq twice, was arrested later yesterday after fleeing in his vehicle, with a Kentucky tag and Ft. Campbell decals.
The vehicle turned up in Robertson County where the police also found Jonathan Clyde Downing, 31, hiding in the woods. Police used officers on foot, K-9s and a helicopter in the search.
Police talked with him for a couple of hours before arresting him without incident at around noon.
Clarksville Police spokesman Jim Knoll said officers then transported Downing to the Montgomery County Jail to be booked. Knoll did not know whether Downing had obtained a lawyer.
Downing, who was a Calvary Scout in the Army, is charged with criminal homicide. He's originally from Decorah, IA via Ventura, CA.
The vehicle turned up in Robertson County where the police also found Jonathan Clyde Downing, 31, hiding in the woods. Police used officers on foot, K-9s and a helicopter in the search.
Police talked with him for a couple of hours before arresting him without incident at around noon.
Clarksville Police spokesman Jim Knoll said officers then transported Downing to the Montgomery County Jail to be booked. Knoll did not know whether Downing had obtained a lawyer.
Downing, who was a Calvary Scout in the Army, is charged with criminal homicide. He's originally from Decorah, IA via Ventura, CA.
Men fondled by convicted sex offender settle lawsuit for $780,000
BY PEGGY WRIGHT • STAFF WRITER [Daily Record] • September 8, 2009
Three men who were fondled by a volunteer at a now-defunct substance abuse resource center run by the town of Morristown have settled their lawsuit claims for a total of $780,000, according to records.
The men, whose names are being withheld by the Daily Record because they were victims of sexual abuse, were all referred in 2004 and 2005 by Morris County probation officers to the Morristown-run Beginnings substance abuse and counseling center to satisfy terms of sentences for drug offenses.
But instead of receiving healthy counseling, the treatment they got from volunteer Terence Michael Lynch involved spankings, genital exams, hernia checks and nosy questions about their sex lives.
Morristown went through a scandal when Lynch, a then-71-year-old town resident who called himself "Dr. Mike," was charged in December 2005 with criminal sexual contact on three adult probationers who attended Beginnings.
It was revealed that Lynch had been a volunteer counselor for the facility since 1997, the year he was released from prison after spending seven years behind bars for sexually abusing 12 boys at the exclusive boarding school he used to run in Mendham Township, called Chartwell Manor.
While a volunteer and to this day, Lynch, a Miller Road resident, was and is classified as a Tier 3 offender under Megan's Law, meaning he poses a high risk of re-offending.
Alleging battery, negligent hiring and supervision and other claims, five men sued. Two had their claims dismissed and three others accepted settlements over the past year, according to court records and information received through the Open Public Records Act.
The cases were transferred to Superior Court in Passaic County, and the defendants included Morristown, Beginnings, Terence Lynch and his wife, Judith, and the state of New Jersey, because probation services in counties are funded and overseen by the state.
On behalf of Morristown, its insurer, the New Jersey Intergovernmental Insurance Fund, agreed to pay a total of $482,500 to the three men, now ages 48, 52 and 56. Fund attorney Eric Nemeth said the insurer will pay the entire share of Morristown's settlement, plus attorney fees, and that the town paid no deductible.
The state of New Jersey paid a total of $117,500 to the trio. Lynch paid $180,000. The outcome is that one man received $380,000, the second $240,000, and the third, $160,000, for a global settlement of $780,000.
Town Mayor Donald Cresitello was not in office when Lynch became a volunteer but was mayor when he was arrested. He said the period of time around Lynch's arrest was frightening because the town didn't know what its liability exposure might be.
Right after the arrest, he learned that a state parole officer recommended Lynch volunteer for Beginnings because of his strong educational background, a fact confirmed by the state Parole Board.
"I think the position was 'he's a pedophile, he only goes after children, not grown men,"' Cresitello said. "He never should have been around people who are vulnerable. But I don't think anyone meant to do anything improper in having him there."
Soon after the Lynch scandal broke, the state shut down Beginnings because it never had received proper licenses to function as a substance abuse and counseling facility.
Several council members and Cresitello said at the time they were aware of Lynch's background but didn't know he was a town volunteer for the center that was overseen by a director, David McCoy.
Lynch, now 75, pleaded guilty in November 2006 to abusing three men at Beginnings and to holding himself out to them as a medical doctor qualified to give physical examinations. He was sentenced to a period in the county jail and is on probation now, and still is a Megan's Law registrant.
Peggy Wright: 973-267-1142; pwright@gannett.com
Three men who were fondled by a volunteer at a now-defunct substance abuse resource center run by the town of Morristown have settled their lawsuit claims for a total of $780,000, according to records.
The men, whose names are being withheld by the Daily Record because they were victims of sexual abuse, were all referred in 2004 and 2005 by Morris County probation officers to the Morristown-run Beginnings substance abuse and counseling center to satisfy terms of sentences for drug offenses.
But instead of receiving healthy counseling, the treatment they got from volunteer Terence Michael Lynch involved spankings, genital exams, hernia checks and nosy questions about their sex lives.
Morristown went through a scandal when Lynch, a then-71-year-old town resident who called himself "Dr. Mike," was charged in December 2005 with criminal sexual contact on three adult probationers who attended Beginnings.
It was revealed that Lynch had been a volunteer counselor for the facility since 1997, the year he was released from prison after spending seven years behind bars for sexually abusing 12 boys at the exclusive boarding school he used to run in Mendham Township, called Chartwell Manor.
While a volunteer and to this day, Lynch, a Miller Road resident, was and is classified as a Tier 3 offender under Megan's Law, meaning he poses a high risk of re-offending.
Alleging battery, negligent hiring and supervision and other claims, five men sued. Two had their claims dismissed and three others accepted settlements over the past year, according to court records and information received through the Open Public Records Act.
The cases were transferred to Superior Court in Passaic County, and the defendants included Morristown, Beginnings, Terence Lynch and his wife, Judith, and the state of New Jersey, because probation services in counties are funded and overseen by the state.
On behalf of Morristown, its insurer, the New Jersey Intergovernmental Insurance Fund, agreed to pay a total of $482,500 to the three men, now ages 48, 52 and 56. Fund attorney Eric Nemeth said the insurer will pay the entire share of Morristown's settlement, plus attorney fees, and that the town paid no deductible.
The state of New Jersey paid a total of $117,500 to the trio. Lynch paid $180,000. The outcome is that one man received $380,000, the second $240,000, and the third, $160,000, for a global settlement of $780,000.
Town Mayor Donald Cresitello was not in office when Lynch became a volunteer but was mayor when he was arrested. He said the period of time around Lynch's arrest was frightening because the town didn't know what its liability exposure might be.
Right after the arrest, he learned that a state parole officer recommended Lynch volunteer for Beginnings because of his strong educational background, a fact confirmed by the state Parole Board.
"I think the position was 'he's a pedophile, he only goes after children, not grown men,"' Cresitello said. "He never should have been around people who are vulnerable. But I don't think anyone meant to do anything improper in having him there."
Soon after the Lynch scandal broke, the state shut down Beginnings because it never had received proper licenses to function as a substance abuse and counseling facility.
Several council members and Cresitello said at the time they were aware of Lynch's background but didn't know he was a town volunteer for the center that was overseen by a director, David McCoy.
Lynch, now 75, pleaded guilty in November 2006 to abusing three men at Beginnings and to holding himself out to them as a medical doctor qualified to give physical examinations. He was sentenced to a period in the county jail and is on probation now, and still is a Megan's Law registrant.
Peggy Wright: 973-267-1142; pwright@gannett.com
Monday, September 7, 2009
Milwaukee serial killer taskforce announces arrest in prostitute murders
A 49 year old man was arrested by Milwaukee detectives Saturday for the murders and strangulation of 8 women over a 21 year period. Currently charged with the 1st degree murders of 2 women, more 1st degree murder charges are expected against 49 year old Walter E. Ellis, according to officials. Ellis is suspected in murders dating back to 1986, with the victims ranging from age 16 to 41. All eight of these victims were prostitutes. According to Milwaukee Police. A ninth victim was thought to have been killed by someone else after Ellis had sex with her.
Ellis was arrested in a Franklin, WI motel after DNA taken from a toothbrush linked him to the murders. he fled his Northwest Side residence, where he lived with a woman. Having caught wind of the investigation, Ellis struggled before his arrest by Franklin police. Franklin is a suburb about 10 miles south of downtown Milwaukee.
Ellis was caught four months after a taskforce was started after realizing that the same DNA profile was involved in the deaths of 7 women. The taskforce's investigative work is also responsible for progress on other cold cases involving prostitute murders, and has led to arrests in other, unrelated cases.
Terry Williams, the brother of the 41 year old victim, Joyce Mims, murdered on June 20, 1997, said that "We just hated that it had taken so long for them to find her killer, those women's killer. But you know, justice one day is better than no justice at all."
Mims' son, Purvis Mims, now 30, stated that his mother dated Ellis' uncle at the time of her death and that she "probably knew him much better than we did. I always thought that she did know the (killer), because of the environment they found her in. I know she wouldn't have gone in an abandoned house with a stranger, regardless of the circumstances. She probably had a rapport of some fashion with him."
The criminal complaint states that Mims was found nude and dead on June 20, 1997 in a residence on Milwaukee's north side. An autopsy confirmed that Mims was choked to death, and that bruising on her neck showed that there had been a struggle.
Besides Mims, a second victim, 28 year old Ouithreaun Stokes, was found strangled and injured in a way similar to Mims. There was more of a struggle, as blood on a pepper spray can beling to the suspect in the murder. The victim's jacket and shirt was pulled up, and there was blood on the floor near the victim's legs. Stokes was killed on April 27, 2007, barely a half a mile away from where Mims was murdered. DNA from both murders were linked to each other a few months after Stokes' murder.
Police officials have said they think someone else killed one of those victims, Jessica Payne, a white 16-year-old runaway whose throat was slashed. The other victims, all prostitutes and African-American, were strangled.
The State Crime Laboratory processed DNA found on two dozen slain prostitutes to see if there is a match with Ellis and discovered two other hits - on Irene Smith, 25, killed in 1992, and Carron D. Kilpatrick, 32, killed 1994, authorities said Monday. Both women were strangled.
Other victims linked to Ellis are Shelia Farrior, 37, strangled in 1995; Tanya L. Miller, 19, killed in 1986; Deborah L. Harris, 31, killed in 1986, and Florence McCormick, 28, strangled in 1995.
A task force of local, state and federal law enforcement was convened and in three months it received 193 tips, Flynn said last month. Some suspects were interviewed and ruled out.
Milwaukee County District Attorney John Chisholm said Monday evening he anticipates more homicide charges to be filed against Ellis in the other slayings in the next day or so.
"We intend to bring justice to these victims and their families," said Chisholm.
Ellis has a criminal record consisting of violent and property offenses. Though all Wisconsin felons must submit DNA samples, the law requiring this was not in effect in 1998, when Ellis went to prison for recklessly endangering safety, serving three out of five years. No victims from the serial killer were killed between 1998 and 2006.
(Update 9-9-09) Ellis was being held on $1 million bond after being arraigned earlier today. Milwaukee County District Attorney John T. Chisholm requested such a high bond based on the severity of the criminal charges and Ellis' prior record. Alejandro Lockwood stated that he wanted his client to have a $50,000 bail because "there's no way on this planet that (Ellis) can raise that amount of bail."
Ellis' preliminary hearing is set for September 23.
The Milwaukee Journal-Sentinel has an article about mistakes made that kept Ellis' DNA off of DNA databases even though it was taken from him back in 2001 when he was in the Oshkosh Correctional Center for the recklessly endangering safety conviction. While state records show that the DNA sample was taken, Justice Department records do not show receipt of Ellis' DNA samples, and neither did a Texas contractor.
Staff did collect the sample, and the samples were mailed out for processing," [Wisconsin Corrections spokesman John]Dipko said. "In terms of documentation, there is nothing inconsistent about it."
"In our institutional experience, this is the first time we've seen something like this," [Special Assistant Attorney General Kevin]St. John said of the confusion over Ellis' sample. "If it was happening more often, it would be concerning."
The Journal-Sentinel article also has more information on Ellis' past criminal convictions and contacts with authorities.
Ellis was arrested in a Franklin, WI motel after DNA taken from a toothbrush linked him to the murders. he fled his Northwest Side residence, where he lived with a woman. Having caught wind of the investigation, Ellis struggled before his arrest by Franklin police. Franklin is a suburb about 10 miles south of downtown Milwaukee.
Ellis was caught four months after a taskforce was started after realizing that the same DNA profile was involved in the deaths of 7 women. The taskforce's investigative work is also responsible for progress on other cold cases involving prostitute murders, and has led to arrests in other, unrelated cases.
Terry Williams, the brother of the 41 year old victim, Joyce Mims, murdered on June 20, 1997, said that "We just hated that it had taken so long for them to find her killer, those women's killer. But you know, justice one day is better than no justice at all."
Mims' son, Purvis Mims, now 30, stated that his mother dated Ellis' uncle at the time of her death and that she "probably knew him much better than we did. I always thought that she did know the (killer), because of the environment they found her in. I know she wouldn't have gone in an abandoned house with a stranger, regardless of the circumstances. She probably had a rapport of some fashion with him."
The criminal complaint states that Mims was found nude and dead on June 20, 1997 in a residence on Milwaukee's north side. An autopsy confirmed that Mims was choked to death, and that bruising on her neck showed that there had been a struggle.
Besides Mims, a second victim, 28 year old Ouithreaun Stokes, was found strangled and injured in a way similar to Mims. There was more of a struggle, as blood on a pepper spray can beling to the suspect in the murder. The victim's jacket and shirt was pulled up, and there was blood on the floor near the victim's legs. Stokes was killed on April 27, 2007, barely a half a mile away from where Mims was murdered. DNA from both murders were linked to each other a few months after Stokes' murder.
Police officials have said they think someone else killed one of those victims, Jessica Payne, a white 16-year-old runaway whose throat was slashed. The other victims, all prostitutes and African-American, were strangled.
The State Crime Laboratory processed DNA found on two dozen slain prostitutes to see if there is a match with Ellis and discovered two other hits - on Irene Smith, 25, killed in 1992, and Carron D. Kilpatrick, 32, killed 1994, authorities said Monday. Both women were strangled.
Other victims linked to Ellis are Shelia Farrior, 37, strangled in 1995; Tanya L. Miller, 19, killed in 1986; Deborah L. Harris, 31, killed in 1986, and Florence McCormick, 28, strangled in 1995.
A task force of local, state and federal law enforcement was convened and in three months it received 193 tips, Flynn said last month. Some suspects were interviewed and ruled out.
Milwaukee County District Attorney John Chisholm said Monday evening he anticipates more homicide charges to be filed against Ellis in the other slayings in the next day or so.
"We intend to bring justice to these victims and their families," said Chisholm.
Ellis has a criminal record consisting of violent and property offenses. Though all Wisconsin felons must submit DNA samples, the law requiring this was not in effect in 1998, when Ellis went to prison for recklessly endangering safety, serving three out of five years. No victims from the serial killer were killed between 1998 and 2006.
(Update 9-9-09) Ellis was being held on $1 million bond after being arraigned earlier today. Milwaukee County District Attorney John T. Chisholm requested such a high bond based on the severity of the criminal charges and Ellis' prior record. Alejandro Lockwood stated that he wanted his client to have a $50,000 bail because "there's no way on this planet that (Ellis) can raise that amount of bail."
Ellis' preliminary hearing is set for September 23.
The Milwaukee Journal-Sentinel has an article about mistakes made that kept Ellis' DNA off of DNA databases even though it was taken from him back in 2001 when he was in the Oshkosh Correctional Center for the recklessly endangering safety conviction. While state records show that the DNA sample was taken, Justice Department records do not show receipt of Ellis' DNA samples, and neither did a Texas contractor.
Staff did collect the sample, and the samples were mailed out for processing," [Wisconsin Corrections spokesman John]Dipko said. "In terms of documentation, there is nothing inconsistent about it."
"In our institutional experience, this is the first time we've seen something like this," [Special Assistant Attorney General Kevin]St. John said of the confusion over Ellis' sample. "If it was happening more often, it would be concerning."
The Journal-Sentinel article also has more information on Ellis' past criminal convictions and contacts with authorities.
Subscribe to:
Posts (Atom)
Posts
